Dismissed

T.Krishnakumar v. State of Kerala

Kerala HC19 Apr 2016Crl.MC/2323/2016

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a criminal miscellaneous case not pressed by the petitioner. Though the petitioner did not contest the bail application in the lower court, the High Court directed the petitioner to surrender to the Magistrate on the specific date to obtain bail and allowed him to raise a discharge plea.

What did the court decide?

Direction to surrender before the Magistrate on 30.04.2016 and release on bail; liberty to raise discharge plea.

T.Krishnakumar Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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TUESDAY, THE 19TH DAY OF APRIL 2016/30TH CHAITHRA, 1938

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Crl.MC.No. 2323 of 2016 ()

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IN CC 399/2012 of J.M.F.C.,TIRUR CRIME NO. 1297/2007 OF TIRUR POLICE STATION , MALAPPURAM

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PETITIONER/ACCUSED:

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T.KRISHNAKUMAR, S/O THANKAPPAN NAIR, AGED 58, T.C.22/809, SIVANANDA BHAVAN, DEVI LANE, ATTUKAL, MANACAUD, THIRUVANANTHAPURAM.

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BY ADV. SRI.K.K.SATHEESH

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RESPONDENTS/DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

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2. THE MANAGER, STATE BANK OF TRANVANCORE, TIRUR BRANCH, MALAPPURAM DISTRICT - 676 101.

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BY PUBLIC PROSECUTOR SRI.R.RANJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-042016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING

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W.P.(C).NO.OF 2015

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 : TRUE COPY OF THE DRIVING LICENSE DATED 17.03.2016 ANNEXURE A2 : TRUE COPY OF THE FIR AND FI STATEMENT IN CRIME 1297/2007 REGISTERED BY THE S.I.OF POLICE, TIRUR POLICE STATION.

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ANNEXURE A3 : CERTIFIED COPY OF THE CHARGE SHEET FILED IN C.C.NO.399/2012 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR.

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ANNEXURE A4 : TRUE COPY OF THE APPLICATION FORM TO OPEN AN ACCOUNT SUBMITTED BY KAKKURATH SHAKEER BEFORE THE STATE BANK OF TRAVANCORE, TIRUR BRANCH.

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ANNEXURE A5 : TRUE COPY OF THE RELEVANT PAGE OF PASSPORT TOWARDS THE IDENTITY PROOF PRODUCED BY KAKKURATH SHAKEER BEFORE THE STATE BANK OF TRAVANCORE, TIRUR BRANCH.

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RESPONDENTS' EXHIBITS: NIL

// TRUE COPY//

P A TO JUDGE

sm/

B.SUDHEENDRA KUMAR, J.

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- - - - Crl.M.C. No.2323 of 2016

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- - - - Dated this the 19^th day of April, 2016

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ORDER

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When this matter has been taken up for hearing, it has been submitted by the learned counsel for the petitioner that this petition is not pressed. However, the learned counsel for the petitioner would submit that the steps under Sections 82 and 83 initiated against the petitioner are still pending. The petitioner would contend that he was not aware of the pendency of the case, as the petitioner was not the actual person involved in this case. In the said circumstances, the learned counsel for the petitioner has prayed for giving a direction to the learned Magistrate to enlarge the petitioner on bail, in the event of his surrender before the court below. Considering the facts and circumstances of the case, I am of the view that it is only just and proper to direct the petitioner to surrender before the learned

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Crl.M.C.No.2323 of 2016 : 2 :

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Magistrate on 30.04.2016. It is also necessary to direct the learned Magistrate to release the petitioner on bail in the event of his surrender, on such conditions as the learned Magistrate deems fit and necessary, and accordingly, I order so.

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In the result, this Crl.M.C. stands dismissed as not pressed. Needless to state that the petitioner shall be at liberty to raise all his contentions before the court below at the time of hearing for discharge under the Section 239 of the Code.

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Sd/- B.SUDHEENDRA KUMAR JUDGE

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sm/

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/true copy/

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P.A. To Judge

T.Krishnakumar v. State of Kerala

Case brief

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T.Krishnakumar v. State of Kerala

Case brief

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